Thomas et al v. Wilderness Trail Development Corporation et al

Filing 20

ORDER this action STAYED as to the Defendant Wilderness Trail Development Corporation only until further Order of the Court. All other claims pending in this action remain unaffected by this stay, and this case remains on the March 10, 2014 calendar for trial. Signed by District Judge Martin Reidinger on 12/30/2013. (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00368-MR-DLH

PETER JOSEPH THOMAS, LINDA B.
THOMAS, HERBERT JOHN
BOESCHEN, II and BEVERYLY ANN
BOESCHEN,

)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
WILDERNESS TRAIL DEVELOPMENT )
CORPORATION, a North Carolina
)
Corporation, and JOHN PAUL
)
COGDILL,
)
)
Defendant.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendants’ Suggestion of
Bankruptcy [Doc. 19].
The Defendants have filed a notice with the Court indicating that the
Defendant Wilderness Trail Development Corporation filed a voluntary
bankruptcy petition under Chapter 7 of the United States Bankruptcy Code
on August 14, 2013.

It is well-settled that “[w]hen litigation is pending

against the debtor at the time a bankruptcy case is commenced, the
litigation is stayed automatically.” 3 Collier on Bankruptcy ¶ 362.03[3] (16th
ed. 2011); see also 11 U.S.C. § 362(a)(1) (providing that a bankruptcy

petition operates as an automatic stay of “the commencement or
continuation . . . of a judicial, administrative, or other action or proceeding
against the debtor”). Accordingly, the Court will consider this action stayed
as to the Defendant Wilderness Trail Development Corporation only.
Accordingly, IT IS, THEREFORE, ORDERED that this action is
hereby STAYED as to the Defendant Wilderness Trail Development
Corporation only until further Order of the Court. All other claims pending
in this action remain unaffected by this stay, and this case remains on the
March 10, 2014 calendar for trial.
IT IS SO ORDERED.
Signed: December 30, 2013

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